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CALIFORNIA CIVIL MOTIONS
A People’s Choice can save you hundreds of dollars by preparing civil
motions, responses and other civil legal documents instead of an expensive attorney!
Civil Litigation Learning Center
Our online learning center provides quick access to valuable information contained in our web
site, California and Federal Codes, Court web sites and other legal sources of information.
Motions are procedures whereby one party asks the court for an order ruling on a particular issue. During the case, a party
might need the court to issue an order to do something or not to do something, or make the other party do or not do
something. Most motions are filed under normal time frames with at least 20 days notice to the other party and a formal
hearing. Ex parte motions are used when the matter does not require a nearing or when time is of the essence and proper notice cannot be made.
Discovery Motions/Motion to Compel:
If a party fails or refuses to comply with discovery requests, it may be
necessary for the party propounding the discovery to make a motion in court to compel responses. If the court grants the
motion, further responses will be made. If those responses are still inadequate, another motion may be made and the court
can sanction (fine) the resisting party. In extreme cases the court can even terminate the action in favor of the moving party.
Motion for Dismissal, Summary Judgment/Adjudication: These motions are to either dispose of a case entirely or to
dispose some, but not all, of the issues in a case. Material facts must be undisputed and the judge can make a determination
of the rights of the parties based on a matter of the law. For example, a complaint filed by a party could be dismissed if the
court determines that the complaint was filed after the statute of limitations (time in which the complaint must be filed) has elapsed.
Motion for New Trial:
This type of motion asks the court to overturn or set aside a court's decision or jury verdict. It is
filed by a party who is dissatisfied with the end result of a case. This motion must be based on some vital error in the
court's handling of the trial, such as the admission or exclusion of key evidence, or an incorrect instruction to the jury.
Motion to Set Aside Judgment:
This motion asks the court to vacate or nullify a judgment and/or verdict for legal cause.
Often this is used when a default judgment has been entered against a defendant because, through inadvertence or mistake, they failed to timely respond to the complaint.
Although many of the motions identified above require a determination of applicable law and require the services, guidance
and expertise of an attorney, there are some routine motions which can be completed with the assistance of a registered legal document assistant’s office.
A People’s Choice can save you hundreds of dollars by preparing civil
motions, responses and other civil legal documents instead of an expensive attorney!
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